Hayre v. Principi

I agree with the majority that in order for the Court to have jurisdiction over a claim of “grave procedural error” as defined by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Hayre v. West, 188 F.3d 1327 (Fed.Cir.1999) [hereinafter Hayre claim], the appellant must have filed a jurisdietionally valid Notice of Disagreement (NOD) as to that claim. However, I disagree with the holdings of the majority that such an NOD could not confer on the Court jurisdiction to consider, in resolving the present claim, whether there was grave procedural error as to a 1972 VA regional…